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Haugenoe v. Bambrick6/6/2003 2 n.2, 655 N.W.2d 712.
[ ] By its very language, N.D.C.C. § 28-01-46 "does not apply to alleged lack of informed consent, . . ." The trial court in this case clearly erred when it dismissed the Haugenoes' informed consent claim against Dr. Bambrick based on N.D.C.C. § 28-01-46. Therefore, we reverse the trial court's dismissal of the informed consent claim against Dr. Bambrick and remand for further proceedings consistent with our opinion.
[ ]Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Lawrence A. Leclerc, D.J.
Gerald W. VandeWalle, C.J.
[ ] The Honorable Lawrence A. Leclerc, D.J., sitting in place of Kapsner, J., disqualified.
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